https://www.taxtmi.com/caselaws?id=174849 A substantive penal amendment under the NDPS framework is presumed to operate prospectively unless Parliament clearly indicates retrospective effect. The 2001 amendment introducing "small quantity" and "commercial quantity" and revising Section 21 sentencing did not apply to an offence and conviction that both pre-dated its commencement. The statutory scheme also suggested that concluded trials were not to be reopened, so the sentence remained governed by the law in force at the time of the offence and conviction. The later ameliorative sentencing regime therefore could not be invoked to reduce punishment in the pending appeal. en-us Tue, 05 May 2009 00:00:00 +0530 Thu, 02 Apr 2020 16:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174849 A substantive penal amendment under the NDPS framework is presumed to operate prospectively unless Parliament clearly indicates retrospective effect. The 2001 amendment introducing "small quantity" and "commercial quantity" and revising Section 21 sentencing did not apply to an offence and conviction that both pre-dated its commencement. The statutory scheme also suggested that concluded trials were not to be reopened, so the sentence remained governed by the law in force at the time of the offence and conviction. The later ameliorative sentencing regime therefore could not be invoked to reduce punishment in the pending appeal. Case-Laws Indian Laws Tue, 05 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174849